Acesso à Justiça e Processo Civil Eletrônico

Abstract

This thesis is focused in the study of electronic civil procedure. The aim of the thesis is to demonstrate that the changes caused by the design of digital media in the civil procedural law sphere brought with them the need to make a new reading on access to justice, guarantees and procedural rules until now existent, with the inclusion of new barriers and linked directly principles the adoption of technological resources in the legal world. To facilitate a better understanding of the topic discussed, it is presented a brief history of the evolution of the electronic process in Brazil, along with an overview of their current status in the juridical system. Thus, it appears that there are some problems that must be overcome as condition to consolidate an ideal eletronic procedural system. Among the main problems observed are identified the coexistence of electronic procedural systems without uniformity and interoperability throughout the country, lack of infrastructure and appropriate technologies for their proper functioning, and a lack of legislative maturity to solve most problems arising the transition from physical to digital process. The creation of own principles and structure to the reality of the electronic process would serve as a more effective guiding for the Legislature and the Judiciary, in the exercise of their duties, to fulfill effectively the procedural guarantees constitutionally provided for, once the law, even if it has undergone numerous reforms, it has been structured taking as a basis the means of processing paper. Stand out also the inclusion of new principles, namely interoperability, mitigation of adherence to the territory, and security and digital authenticity. From these new concepts that make up the core of this thesis, it is presented the practical application of these principles and guarantees in civil proceedings, in all its phases (knowledge, execution and appeal), showing always the contributions that would offers each principle for a better adaptation of the digital processing, with the most efficient use of all available technologies, always maintaining a harmony with access to justice and due process in their new conception.